BEFORE THE

FEDERAL COMMUNICATIONS COMMISSION

WASHINGTON, D.C. 20554

In the Matter of / )
)
Joint Application by SBC Communications Inc., / )
Southwestern Bell Telephone Company, and / )
Southwestern Bell Communications Services, / ) / CC Docket No. ______
Inc. d/b/a Southwestern Bell Long Distance for / )
Provision of In-Region, InterLATA Services in / )
Kansas and Oklahoma / )

AFFIDAVIT OF WILLIAM C. DEERE

STATE OF TEXAS)

)

COUNTY OF TARRANT)

TABLE OF CONTENTS

NETWORK AFFIDAVIT

SUBJECT / PARAGRAPH
PROFESSIONAL EXPERIENCE AND EDUCATIONAL BACKGROUND / 1
EXECUTIVE SUMMARY / 4
CHECKLIST ITEM (i): INTERCONNECTION / 13
CHECKLIST ITEM (ii): NONDISCRIMINATORY ACCESS TO NETWORK ELEMENTS / 67
CHECKLIST ITEM (iv): LOCAL LOOPS / 90
CHECKLIST ITEM (v): LOCAL TRANSPORT / 128
CHECKLIST ITEM (vi): LOCAL SWITCHING / 149
CHECKLIST ITEM (vii): 911/E911, DIRECTORY ASSISTANCE AND OPERATOR CALL COMPLETION / 189
CHECKLIST ITEM (x): ACCESS TO DATABASES AND ASSOCIATED SIGNALING / 210
CHECKLIST ITEM (xi): NUMBER PORTABILITY / 251
CHECKLIST ITEM (xii): LOCAL DIALING PARITY / 261
NONDISCRIMINATORY TREATMENT OF CLECS AND IXCS / 267

I, WILLIAM C. DEERE, being of lawful age and duly sworn upon my oath, do hereby depose and state:

  1. My name is William C. Deere. I am a Consultant for Southwestern Bell Telephone Company. I have been hired as a consultant because of my involvement over the past several years in the Oklahoma and Kansas 271 processes. Prior to my retirement on December 12, 1999, I was the Executive Director-Planning and Engineering for Southwestern Bell Telephone Company (“SWBT”). In this position I participated in the development, planning, and engineering of SWBT’s telephone network within its five-state service area and acted as the regulatory and legislative technical liaison in those states. In this position I testified before the Corporate Commission of the State of Oklahoma (“OCC”) and the Kansas Corporation Commission (“KCC”) as well as other state commissions concerning the technical issues contained in this affidavit.
  2. I have a Bachelor of Science - Electrical Engineering degree from Southern Methodist University in Dallas, Texas. I am a Licensed Professional Engineer in Texas. I have also completed training conducted by the Bell System, AT&T (Lucent), Northern Telcom (Nortel), Ericsson, Bellcore (Telcordia) and SWBT on switching systems, transmission systems, and local network distribution systems.
  3. SWBT employed me in 1961 as a Student Engineer. I worked in the central office and the PBX engineering groups of the Engineering Department until October 1969. At that time I was transferred to the Traffic Department where I worked as the Manager-Switching Design and then the Traffic Manager-Network Design where I supervised the PBX design group for the north part of Texas until October 1978. I worked in St. Louis for 18 months as the head of the Business Services staff and then returned to Dallas as the Division Manager-Network Administration. In October 1984, I assumed the duties of Division Staff Manager-Network Planning Staff. My title was changed to Division Manager-Network Engineering (Customer Services) on October 1, 1986, as a result of a reorganization of the SWBT Network Department. I assumed the title of Regional Manager-Planning and Engineering and responsibilities for the five states served by SWBT in October 1993, and for California, Nevada and Connecticut when they were merged with SBC. I continued in that position, with a title change to Executive Director-Planning and Engineering, until my retirement.

EXECUTIVE SUMMARY

  1. My affidavit shows that SWBT is currently offering all network-related checklist items in Oklahoma and Kansas in the same manner that it is offering these items in Texas, and as approved by the FCC’s Texas Order.[1] In addition my affidavit discuses the network related issues associated with the new requirements imposed by the UNE Remand Order,[2] the Line Sharing Order[3] and the Advanced Services Reconsideration Order,[4] and the minor differences in the network related sections of the Texas T2A and the O2A and K2A. However, changes from the T2A that are the result of state specific regulatory requirements are discussed in the Affidavits of Charles Cleek (Kansas) and James L. Jones (Oklahoma). SWBT offers these checklist items in approved interconnection agreements with various Competitive Local Exchange Carriers (“CLECs”) and in the Oklahoma 271 Agreement (“O2A”) and the Kansas 271 Agreement (“K2A”), that have been approved by the OCC and the KCC. SWBT allows non-discriminatory access to its network in full compliance with the Telecommunications Act of 1996 (“Act”) the FCC’s orders and regulations implementing those sections (“Rules”).[5]
  2. SWBT does more than just provide a single solution for CLECs’ needs. SWBT provides multiple options for interconnection and access to unbundled network elements (“UNEs”). SWBT currently provides for interconnection using five alternatives and will provide other technically feasible alternatives using the Special Request or Bona Fide Request (“BFR”) Procedures to be discussed later. SWBT offers: (1) Mid-Span Fiber Interconnection (“MSFI”); (2) Physical Collocation Interconnection; (3) Virtual Collocation Interconnection; (4) SONET-Based Interconnection; and (5) leasing of SWBT facilities. A CLEC may choose a single point of interconnection within a LATA for the purposes of interconnection to exchange local traffic.
  3. SWBT meets its obligations to offer collocation in the many different forms ordered by the FCC. SWBT offers traditional physical and virtual collocation in SWBT central offices. SWBT also offers collocation in controlled environmental vaults, huts and cabinets. SWBT offers collocation cages that are smaller than the traditional 10 foot x 10 foot cage. SWBT’s collocation offering includes cageless provisions in full compliance with the FCC’s Advanced Services Order. SWBT also offers adjacent collocation in accordance with the FCC’s Advanced Services Reconsideration Order.
  4. SWBT meets its obligations to offer all UNEs as ordered by the FCC and continues to offer even those elements that are no longer UNEs but exist in current contracts. SWBT makes the following elements available:
  • Local Loop (including sub-loops and the High Frequency Portion of the Loop)
  • Network Interface Device
  • Local Switching Capability
  • Tandem Switching Capability
  • Interoffice Transmission Facilities
  • Signaling Networks and Call Related Databases
  • Operations Support Systems Functions
  • Operator Services and Directory Assistance
  1. SWBT also offers all of the UNEs required to be implemented by May 17, 2000, by the UNE Remand Order.[6] SWBT offers the UNE sub-loop as well as dark fiber in the loop, sub-loop and interoffice transport facilities. In addition, SWBT continues to provide access to call related databases, including, but not limited to, the Line Information database (“LIDB”), Toll Free Calling database, Number Portability database, Calling Name (“CNAM”) database, Operator Services/Directory Assistance databases, Advanced Intelligent Network (“AIN”) databases, and the AIN platform and architecture. Where conditions required by the FCC are met, SWBT will also offer access to packet switching. SWBT continues to offer access to loop qualification data in full compliance with the UNE Remand Order requirements.
  2. In addition to the mandated UNEs, SWBT will accept special requests for additional UNEs, or modifications to existing UNEs under the Special Request (“BFR”) process. SWBT will receipt of such a special request within 10 business days; and, except under extraordinary circumstances, within 30 days of the receipt of the request, SWBT will provide a preliminary analysis of the special request.
  3. SWBT will provide CLECs with the ability to access UNEs such that they may perform the combination of UNEs themselves. SWBT provides access to UNEs such that CLECs may combine UNEs with UNEs, or UNEs with their own equipment, in order to provide an end-to-end telecommunications service. If requested, SWBT will perform the combinations of certain UNEs for CLECs.
  4. Provisioning of all the network elements is done in a nondiscriminatory manner. The SWBT network is built such that SWBT is unable to discriminate in the provisioning of UNEs or resold services and escape detection. As I will describe further in my affidavit, it is impossible for the parts of the network serving CLECs to be degraded such that SWBT’s customers would not be impacted. SWBT’s network elements that service both its retail customers and CLEC customers are not capable of discriminating between SWBT traffic and CLEC traffic. The same service parameters, intervals, standards, procedures, and practices are used to provide service for CLECs, Interexchange Carriers (“IXCs”) and SWBT retail services, and any attempts to do other wise would be detected by SWBT’s performance measures.
  5. Performance measures that track SWBT’s implementation of each checklist item are discussed in the Affidavit of William R. Dysart.

I. CHECKLIST ITEM (i): INTERCONNECTION

  1. A Bell Operating Company (“BOC”) such as SWBT meets the requirements of the checklist item (i) if it offers “interconnection in accordance with the requirements of sections 251(c)(2) and 252(d)(1).” 47 U.S.C. § 271 (c)(2)(B)(i).
  2. As detailed below, SWBT’s interconnection agreements fully satisfy this mandate. Interconnection is provided in Oklahoma and Kansas under the same terms and conditions as offered and approved in Texas with the following exceptions: (1) SWBT now offers an option for a CLEC to interconnect at a single point within a LATA; and, (2) a minor change to accommodate the Kansas City LATA boundary. In addition, as discussed in the Affidavit of Rebecca Sparks (App. A, Tab 13), SWBT provides collocation terms and conditions that conform with the FCC’s Advanced Services Reconsideration Order.

Methods of Interconnection

  1. Consistent with § 251(c)(2)(A) of the Act and the FCC Rules, SWBT provides interconnection with its network for the transmission and routing of telephone exchange traffic and/or exchange access traffic. 47 C.F.R. § 51.305(a)(1); First Report and Order, 11 FCC Rcd 15,594, ¶184. SWBT currently permits interconnection using five alternatives and will provide other technically feasible alternatives using the Special Request (“BFR”) Procedure to be discussed later. In summary, SWBT offers: (1) Mid-Span Fiber Interconnection (“MSFI”); (2) Physical Collocation Interconnection; (3) Virtual Collocation Interconnection; (4) SONET-Based Interconnection; and (5) leasing of SWBT facilities. (O2A and K2A, Att. 11 - NIA, Sec. 2.0) SWBT offers these same interconnection arrangements in Arkansas, Kansas, Oklahoma, Missouri and Texas.
  2. An MSFI arrangement may be negotiated at any mutually agreeable, economically and technically feasible point between a CLEC’s premises and a SWBT tandem or end office. (O2A and K2A, Att. 11 - NIA, App. NIM, Sec. 1.0)
  3. An MSFI may be used to provide interconnection interoffice trunking for the purpose of originating and terminating calls between a CLEC’s switch and a SWBT switch, and for transit calls to or from a third party via SWBT’s tandem switch. 47 C.F.R. § 51.321(b). If MSFI is used to interconnect SWBT’s and the requesting CLEC’s networks, the parties will jointly engineer and operate a single SONET transmission system. (O2A and K2A, Att. 11 - NIA, App. NIM 1.0, Sec. 1.1) There are two basic mid-span designs. In the first design, a CLEC’s fiber cable and the SWBT fiber cable are connected at an economically and technically feasible point between the CLEC’s location and the last entrance manhole at SWBT’s central office or tandem switch location. (O2A and K2A, Att. 11 - NIA, App. NIM, Sec. 1.1.1) In the second design, a CLEC provides fiber cable to the last entrance manhole at the SWBT central office or tandem switch location, and provides sufficient length of fiber optic cable for SWBT to pull to the SWBT cable vault for termination on the SWBT fiber distribution frame. SWBT is responsible for designing, provisioning, owning and maintaining of all equipment and facilities on its side of the network point of interconnection (“POI”). Similarly, the CLEC is responsible for the same functions on its side of the POI. Each carrier is free to select the manufacturer of its Fiber Optic Terminal (“FOT”). (O2A and K2A, Att. 11 - NIA, App. NIM, Sec. 1.1.2)
  4. The CLEC location will include fiber optic terminals, multiplexing equipment, and fiber required to receive the optical signal handoff from SWBT for interconnection. (O2A and K2A, Att. 11 - NIA, App. NIM, Sec.1.3)
  5. The fiber connection point may occur at several locations:
  • A location with an existing SWBT fiber termination panel. In this situation, the POI is outside the SWBT building that houses the fiber termination panel.
  • A location with access to an existing CLEC fiber termination panel. In these cases, the network interconnection point is outside of the CLEC building, even though the SWBT fiber may be physically terminated on a fiber termination panel inside of a CLEC building. (O2A and K2A, Att. 11 - NIA, App. NIM, Sec. 1.4.2)
  • A location with no existing SWBT fiber termination panel. In this situation, SWBT and the CLEC negotiate provisioning, maintenance, and ownership of a fiber termination panel and an aboveground outside cabinet as the POI for connection of the fiber cables. (O2A and K2A, Att. 11 - NIA, App. NIM, Sec. 1.4.3)
  • A manhole outside the SWBT central office or tandem switch location. In this situation the CLEC provides a sufficient length of fiber optic cable for SWBT to pull the fiber optic cable to the SWBT cable vault for termination on the SWBT fiber distribution frame (“FDF”). The POI is at the manhole and SWBT assumes ownership and maintenance responsibility for the fiber cabling from the manhole to the FDF. (O2A and K2A, Att. 11 - NIA, App. NIM, Sec. 1.4.4)
  1. The SWBT central office or tandem switch locations contain all SWBT fiber optic terminals, multiplexing, and fiber required to receive the optical signal hand-off provided by the CLEC for trunking. These locations are SWBT’s responsibility to provision and maintain. (O2A and K2A, Att. 11 - NIA, App. NIM, Sec. 1.5)
  2. Any of the methods described above are available at the trunk side of the local switch, the trunk connection points of a tandem switch, central office cross connect points, out-of-band signaling transfer points, and points of access to unbundled network elements. CLECs have the option for interconnecting at all of these points. 47 C.F.R. § 51.305(a)(2).
  3. The FCC Rules also require the availability of interconnection at the line-side of a local switch. This would be used where a CLEC owns distribution plant and desires to interconnect with the SWBT central office switch. Interconnection would occur at the point of access to a UNE; therefore, SWBT provides access to the line side of the SWBT switch by offering the local switch UNE. SWBT has not yet received any requests for such a form of interconnection, but will make it available upon request. 47 C.F.R. § 51.305(a)(2)(i).
  4. Where space permits, CLECs are allowed to arrange for physical collocation of equipment in SWBT buildings and structures to terminate cables on their own equipment. In addition, where space is not available, SWBT provides adjacent collocation in accordance with the FCC’s Advanced Services Reconsideration Order. SWBT has developed methods and procedures for the termination of copper and fiber cables into a collocation space. The CLECs are able to install, operate, and maintain their equipment within the collocation space. SWBT permits the placement of facilities to allow collocating carriers to connect to the facilities of other collocating carriers (cross cabling) within the same central office. A CLEC may use these facilities for the same purposes described in the discussion of MSFI. 47 U.S.C. § 251(c)(6); 47 C.F.R. §§ 51.321(e), 51.323(a), (h), (i). (O2A and K2A, Att. 11-NIA, App. NIM, Sec. 6.0)
  5. The collocating CLEC may physically locate any equipment used for interconnection or access to unbundled network elements in SWBT eligible structures. 47 C.F.R. §51.323(b). Under the O2A and K2A, or other stipulated agreements, a CLEC may locate remote switching modules (“RSMs”). In accordance with the FCC’s direction, SWBT places no restrictions on the CLEC’s use of collocated RSMs. 47 C.F.R. § 51.323(c).
  6. SWBT provides traditional virtual collocation where it maintains and repairs virtually collocated equipment in central offices and other eligible structures either under SWBT’s Tariff FCC No. 73, Section 25, “Expanded Interconnection,” or through the Oklahoma or Kansas Virtual Collocation Tariffs. The terms and conditions of the Texas Physical Collocation Tariff have been adopted by the OCC on an interim basis, subject to true up. The KCC similarly has adopted permanent terms and conditions governing physical and virtual collocation . The OCC and KCC decisions are discussed in the affidavits of Rebecca Sparks, Charles Cleek and James Jones. SWBT provides an option for the collocator to maintain and repair its own virtual collocation equipment in Controlled Environmental Vaults (“CEVs”), huts and cabinets where physical collocation space is not available. Where space is available for physical collocation, CEVs, huts and cabinets, and in central offices, SWBT will maintain and repair the virtually collocated equipment, or at its option, may allow collocators to maintain the equipment. With either physical collocation or virtual collocation, SWBT provides an interconnection point or points, physically accessible by both SWBT and the requesting CLEC, at which the fiber optic cables carrying the CLEC’s circuits enter SWBT’s premises. 47 C.F.R. § 51.323(d)(1).
  7. SWBT provides a minimum of two separate points of entry into the eligible structure in which the dedicated space is located wherever there are at least two entry points for SWBT cable.